20051272 Ver 2_Approval Letter_20081003

F WATT
?O RP Michael F. Easley, Governor
William G. Ross Jr., Secretary
1-- North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
October 3, 2008
Duplin County
DWQ Project #: 05-1272v2
Town of Kenansville
Ms. Betty Long
P.O. Box 370
Kenansville NC 28349
Subject Property: Indian Grave Creek Bank Stabilization
Indian Grave Creek (Tea Swamp) [030622,18-74-21-2, C, SW]
Approval of 401 Water Quality Certification with Additional Conditions
Dear Ms. Long
You have our approval, in accordance with the attached conditions; to impact 584 linear feet of
perennial stream to perform stream bank stabilization as described in your application received by
DWQ on May 5, 2008, with additional information received on September 30, 2008. After
reviewing your application, it has been determined that the impacts are covered by General Water
Quality Certification Number 3689 (GC3689). The Certification(s) allows you to use Nationwide
Permit 13 when issued by the US Army Corps of Engineers (USACE). In addition, you should
obtain or otherwise comply with any other required federal, state or local permits before you go ahead
with your project including (but not limited to) Erosion and Sediment Control, Non-discharge, and
stormwater regulations. Also, this approval to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA
Permit.
This approval is for the purpose and design that you described in your application. If you change
your project, you must notify us and you may be required to send us a new application. If the
property is sold, the new owner must be given a copy of this Certification and approval letter and is
thereby responsible for complying with all conditions. If total fills for this project (now or in the
future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be
required as described in 15A NCAC 2H.0506 (h). This approval requires you to follow the
conditions listed in the attached certification and any additional conditions listed below.
Conditions of Certification:
1) Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
Amount Approved (Units) Plan Location or Reference
404 Wetlands N/A (acres
Stream 584 Linear Feet
(Perennial) Page 8 of 15 of PCN
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617
Internet: www.ncwaterguality.org Location: 512 N. Salisbury St. Raleigh, NC 27604
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Phone [phone] Customer Service
Fax [phone]
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Page 2
Indian Grave Creek Stream Bank Stabilization
Duplin County
2005-1272v2
2) Upon completion of the project, the applicant shall complete and return the enclosed
"Certification of Completion Form" to notify DWQ that all the work included in the 401
Certification has been completed. The responsible party shall complete the attached form
and return it to the 401/Wetlands Unit of the Division of Water Quality.
3) No Impacts Beyond those in Application
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the Pre-Construction Notification. All
construction activities, including the design, installation, operation, and maintenance of
sediment and erosion control Best Management Practices, shall be performed so that no
violations of state water quality standards, statutes, or rules occur.
4) No Sediment and Erosion Control Measures in Wetlands and Waters
Sediment and erosion control measures shall not be placed in wetlands or waters to the
maximum extent practicable. If placement of sediment and erosion control devices in
wetlands and waters is unavoidable, they shall be removed and the natural grade restored
within six months of the date that the Division of Land Resources or locally delegated
program has released the project.
5) Standard Erosion and Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices:
a. Erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. Design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor-owned or leased borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be designed,
installed, operated, and maintained in accordance with the most recent version of the
North Carolina Surface Mining Manual.
d. Reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
Sufficient materials required for stabilization and/or repair of erosion control measures
and stormwater routing and treatment shall be on site at all times.
If you do not accept any of the conditions of this Certification (associated with the approved wetland
or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date
that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter
150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail
Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding
unless you ask for a hearing.
Violations of any condition herein set forth may result in revocation of this Certification and may
result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or
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Indian Grave Creek Stream Bank Stabilization
Duplin County
2005-1272v2
to conduct impacts to waters as depicted in your application and as authorized by this Certification
shall expire upon expiration of the 404 or CAMA Permit.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean
Water Act. If you have any questions, please telephone Ian McMillan in the Central Office in
Raleigh at 919-733-1786 or Chad Coburn in the DWQ Wilmington Regional Office at 910-796-
7215.
Si rely,
Coleen H. Sullins, Director
Division of Water Quality
Enclosures GC 3689
Certification of Completion
cc: Ian McMillan - DWQ 401 Oversight Unit
Eric Kulz - DWQ 401 Oversight Unit
Kim Garvey - USACE Wilmington, P.O.Box 1890 Wilmington, NC 28402
Central Files
WiRO
Certification of Completion
DWQ Project No.:
Applicant:
Project Name:
Date of Issuance of Wetland Permit:
County:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any
subsequent modifications, the applicant is required to return this certificate to the 401 Oversight/Express Permitting Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be
returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send
cert ificates from all of these.
Applicant's Certification
I,
used in the observation of the
compliance and intent of the 401
and other supporting materials.
Signature:
Agent's Certification
Date:
I, , hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications,
and other supporting materials.
Signature:
Date:
If this project was designed by a Certified Professional
I, , as a duly registered Professional (i.e., Engineer,
Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically,
weekly, full time) the construction of the project, for the Permittee hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed to be built within
substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
hereby state that, to the best of my abilities, due care and diligence was
construction such that the construction was observed to be built within substantial
Water Quality Certification and Buffer Rules, the approved plans and specifications,
signature: Registration No. Date
Water Quality Certification No. 3689
ENGINEERS NATIONWIDE PERMIT NUMBERS 13 (BANK STABILIZATION) AND
27 (WETLAND AND RIPARIAN RESTORATION AND CREATION),
AND REGIONAL PERMIT 197800080 (BULKHEADS AND RIPRAP)
AND RIPARIAN AREA PROTECTION RULES (BUFFER RULES)
Water Quality Certification Number 3689 is issued in conformity with the requirements of Section
401, Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina
Division of Water Quality Regulations in 15A NCAC 2H .0500 and 15A NCAC 2B .0200 for the
discharge of fill material to waters as described in 33 CFR 330 Appendix A (B) (13) and (27) of
the Corps of Engineers regulations (i.e., Nationwide Permit Numbers 13 and 27) and Regional
Permit 197800080. The category of activities shall include stream bank stabilization or stream
restoration activity as long as impacts to waters or significant wetlands are minimized; wetland
and riparian restoration or creation; and the construction and maintenance of bulkheads on non-
Federal Energy Regulatory Commission (FERC) lakes.
The State of North Carolina certifies that the specified category of activity will not violate
applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217
if conducted in accordance with the conditions set forth.
All proposed fill or modification of wetlands and/or waters, including streams and streambanks,
under this General Certification requires application to, and written approval from the Division of
Water Quality (the "Division"), regardless of the purpose of the restoration, enhancement,
stabilization, or creation activity.
Bank Stabilization projects qualifying for Nationwide Permit 13 for erosion protection of up to 500
feet of stream banks to protect property are exempt from the requirement for written approval.
Any impacts to riparian buffers associated with this work in the Neuse, Tar-Pamlico, Randleman
and Catawba River Basins (or any other basins with Riparian Area Protection Rules [Buffer
Rules] in effect at the time of application [in accordance with 15A NCAC 2B .0200]) will require
written approval, unless the activities are listed as "EXEMPT" from these Rules.
In accordance with North Carolina General Statute Section 143-215.3D(e), written approval for a
401 Water Quality General Certification must include the appropriate fee. If a project also
requires a CAMA Permit, then one payment to both agencies shall be submitted and will be the
higher of the two fees.
Conditions of Certification:
1. Activities shall meet the definitions, design, and monitoring protocols specified within the US
Army Corps of Engineers Wilmington District Regulatory Guidance Letter (RGL02-02) and
the Stream Mitigation Guidelines (April 2003) or any subsequent updates to these
documents.
2. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the Pre-construction Notification and/or those
authorized by this Certification, including incidental impacts. All construction activities,
including the design, installation, operation, and maintenance of sediment and erosion control
Water Quality Certification No. 3689
Water Quality Certification N°. 3689
Best Management Practices, shall be performed so that no violations of state water quality
standards, statutes, or rules occur.
3. Standard Erosion and Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices:
a. Design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the
most recent version of the North Carolina Sediment and Erosion Control Manual. The
devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil)
projects, including contractor-owned or leased borrow pits associated with the project.
b. For borrow pit sites, the erosion and sediment control measures must be designed,
installed, operated, and maintained in accordance with the most recent version of the
North Carolina Surface Mining Manual.
c. Reclamation measures and implementation must comply with the requirements of the
Sedimentation Pollution Control Act and the Mining Act of 1971.
d. Sufficient materials required for stabilization and/or repair of erosion control measures
and stormwater routing and treatment shall be on site at all times, except for publicly
funded linear transportation projects when materials can be accessed offsite in a timely
manner..
e. If the project occurs in waters or watersheds classified as Primary Nursery Areas
(PNA's), Trout Jr), SA, WS-I, WS-II, High Quality (HQW), or Outstanding Resource
(ORW) waters, then the sediment and erosion control requirements contained within
Design Standards in Sensitive Watersheds (15A NCAC 04B .0124) supercede all other
sediment and erosion control requirements.
4. No Sediment and Erosion Control Measures in Wetlands or Waters
Sediment and erosion control measures should not be placed in wetlands or waters outside
of the permitted impact areas without prior approval by the Division. If placement of sediment
and erosion control devices in wetlands and waters is unavoidable, design and placement of
temporary erosion control measures shall not be conducted in a manner that may result in
dis-equilibrium of wetlands or stream beds or banks, adjacent to or upstream and down
stream of the above structures. All sediment and erosion control devices shall be removed
and the natural grade restored within two (2) months of the date that the Division of Land
Resources or locally delegated program has released the project.
5. Construction Stormwater Permit NCGO10000
Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of
Land Resources (DLR) or a DLR delegated local erosion and sedimentation control program,
an NPDES General stormwater permit (NCG010000) administered by the Division is
automatically issued to the project. This General Permit allows stormwater to be discharged
during land disturbing construction activities as stipulated by conditions in the permit. If your
project is covered by this permit [applicable to construction projects that disturb one (1) or
more acres], full compliance with permit conditions including the sedimentation control plan,
self-monitoring, record keeping and reporting requirements are required. A copy of this
permit and monitoring report forms may be found at
http://`h2o.enr.state.nc.uslsulForms Documents.htm.
The North Carolina Department of Transportation (NCDOT) shall be required to be in full
compliance with the conditions related to construction activities within the most recent version
of their individual NPDES (NCS000250) stormwater permit.
Water Quality Certification No. 3689
Water Quality Certification No. 3689
6. Construction Moratoriums and Coordination
If activities must occur during periods of high biological activity (i.e. sea turtle or bird nesting)
then biological monitoring may be required at the request of other state or federal agencies
and coordinated with these activities. This condition can be waived through written
concurrence on a case by case basis upon reasonable justification.
All moratoriums on construction activities established by the NC Wildlife Resources
Commission (WRC), US Fish and Wildlife Service (USFWS), NC Division of Marine Fisheries
(DMF), or National Marine Fisheries Service (NMFS) to lessen impacts on trout, anadromous
fish, larval/post-larval fishes and crustaceans, or other aquatic species of concern shall be
implemented. This condition can be waived through written concurrence on a case by case
basis upon reasonable justification.
Work within the twenty-five (25) designated trout counties or identified state or federal
endangered or threatened species habitat shall be coordinated with the appropriate WRC,
USFWS, NMFS, and/or DMF personnel.
NC Wildlife Resources Commission will not object to construction of Natural Resources
Conservation Service (NRCS) 'urgent and compelling' sites during the spawning period
provided these projects are, to the extent appropriate and practical, constructed by:
a. Using flow diversion structures such as sandbags;
b. Placing large-size rock toes and filter cloth backing for stabilization sites before
backfilling; and
c. Excavating new channel alignments in dry areas.
Construction at non-'urgent and compelling' sites shall not occur during the spawning period
to minimize the potential adverse effects of multiple construction activities on trout or
anadromous fish resources in this stream.
7. Work in the Dry
All work in or adjacent to stream waters shall be conducted in a dry work area. Approved
best management practices from the most current version of the NC Sediment and Erosion
Control Manual, or the NC DOT Construction and Maintenance Activities Manual, such as
sandbags, rock berms, cofferdams, and other diversion structures shall be used to minimize
excavation in flowing water. Exceptions to this condition require submittal to, and approval
by, the Division.
8. Riparian Area Protection (Buffer) Rules
Activities located in the protected 50-foot wide riparian areas (whether jurisdictional wetlands
or not) within the Neuse, Tar-Pamlico, Randleman, Catawba (or any other basin with buffer
rules), shall be limited to "uses" identified within and constructed in accordance with 15A
NCAC 2B .0233, .0259, .0250 and .0243, and shall be located, designed, constructed, and
maintained to have minimal disturbance to protect water quality to the maximum extent
practicable through the use of best management practices. All buffer rule requirements,
including diffuse flow requirements, must be met.
9. Water Supply Watershed Buffers
The 100-foot wide (high-density development) or the 30-foot wide vegetative buffer (all other
development) must be maintained adjacent to all perennial waters except for allowances as
Water Quality Certification No. 3689
Water Quality Certification No. 3689
provided in the Water Supply Watershed Protection Rules [15A NCAC 2B .0212 through
.0215].
10. If concrete is used during the construction, then a dry work area should be maintained to
prevent direct contact between curing concrete and stream water. Water that inadvertently
contacts uncured concrete should not be discharged to surface waters due to the potential for
elevated pH and possible aquatic lifelfish kills.
11. Any rip-rap shall be of such a size and density so as not to be able to be carried off by wave
or current action and consist of clean rock or masonry material free of debris or toxic
pollutants. Rip-rap shall not be installed in the streambed except in specific areas required for
velocity control and to ensure structural integrity of bank stabilization measures. If rip-rap is
to be installed within the streambed, the amount and location must be approved in writing by
the Division of Land Resources and Division of Water Quality. However, rock vanes, wing
deflectors, and similar structures for grade control and bank protection are acceptable.
12. If an environmental document is required under NEPA or SEPA, then this General
Certification is not valid until a Finding of No Significant Impact or Record of Decision is
issued by the State Clearinghouse.
13. Additional site-specific conditions may be added to the written approval attached to this
Certification in order to ensure compliance with all applicable water quality and effluent
standards.
14.This Certification shall expire three (3) years from the date of the approval letter from DWQ or
on the same day as the corresponding Nationwide Permit. In accordance with General
Statute 136-44.76, certifications issued to the NCDOT shall expire only upon expiration of the
federal 404 Permit. The conditions in effect on the date of issuance of Certification for a
specific project shall remain in effect for the life of the project, regardless of the expiration
date of this Certification. If the construction process for approved activities will overlap the
expiration and renewal date of the corresponding 404 Permit and the Corps allows for
continued use of the 404 Permit, then the General Certification shall also remain in effect
without requiring re-application and re-approval to use this Certification for the specific
impacts already approved.
15. The applicant/permittee and their authorized agents shall conduct all activities in a manner
consistent with State water quality standards (including any requirements resulting from
compliance with §303(d) of the Clean Water Act), and any other appropriate requirements of
State and Federal Law. If the Division determines that such standards or laws are not being
met, including failure to sustain a designated or achieved use, or that State or Federal law is
being violated, or that further conditions are necessary to assure compliance, then the
Division may reevaluate and modify this General Water Quality Certification.
16. Certificate of Completion
When written authorization is required for use of this certification, upon completion of all
permitted impacts included within the approval and any subsequent modifications, the
applicant shall be required to return the certificate of completion attached to the approval.
One copy of the certificate shall be sent to the DWQ Central Office in Raleigh at 1650 Mail
Service Center, Raleigh, NC, 27699-1650.
Non-compliance with or violation of the conditions herein set forth by a specific project shall result
in revocation of this Certification for the project and may also result in criminal and/or civil
penalties.
Water Quality Certification No. 3689
Water Quality Certification No. 3689
The Director of the North Carolina Division of Water Quality may require submission of a formal
application for Individual Certification for any project in this category of activity if it is determined
that the project is likely to have a significant adverse effect upon water quality including state or
federally listed endangered or threatened aquatic species or degrade the waters so that existing
uses of the wetland or downstream waters are precluded.
Public hearings may be held for specific applications or group of applications prior to a
Certification decision if deemed in the public's best interest by the Director of the North Carolina
Division of Water Quality.
Effective date: November 1, 2007
DIVISION OF WATER QUALITY
By
Coleen H. Sullins
Director
History Note: Water Quality Certification Number 3689 replaces Water Quality Certification
(WQC) Number 3399 issued March 2003, Water Quality Certification (WQC) Number 3495
issued December 31, 2004, and Water Quality Certification (WQC) Number 3626 issued March
2007. This WQC is rescinded when the Corps of Engineers reauthorizes Nationwide Permits 13
or 27 or Regional Permit 197800080 or when deemed appropriate by the Director of the Division
of Water Quality.
Water Quality Certification No. 3689